DATE: 20041207

DOCKET: C41816

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. FEDERICO VALDEZ (Appellant)

BEFORE:

DOHERTY, LASKIN and ARMSTRONG JJ.A.

COUNSEL:

Vincenzo Rondinelli and Ricardo Federico

for the appellant

Deborah Krick

for the respondent

HEARD & ENDORSED:

December 6, 2004

On appeal from the order of Justice J.C. Kennedy of the Superior Court of Justice dated April 27, 2004.

A P P E A L B O O K E N D O R S E M E N T

[1] It is implicit in the reasons of the committing judge that he accepted the documentary evidence as evidence that funds held by the appellant for the purposes of investment were transferred to the appellant’s own account. He may have been wrong in holding that the evidence was admissible for that purpose, but even if he was, the error could not constitute jurisdictional error. On the committing judge’s view, there was admissible evidence that provided a basis for the committal for trial.

[2] The appeal is dismissed.